Privacy Policy

Effective Date: March 1, 2022
Last Updated: March 1, 2022

This Privacy Policy (the “Policy”) applies to the websites, applications, services, and electronic communications on which it appears (the “Site”). This Policy describes how DYOPATH, LLC, as well as our affiliates and subsidiaries (collectively “DYOPATH” or “we” or “us” or “our”) uses the Personal Information that we collect, receive, maintain, and store about you. Please read this Policy carefully, by interacting with us through the Site you consent to this Policy.

1. Types of Personal Information Collected

We collect a range of Personal Information. “Personal Information” is information that identifies, relates to, describes, or is reasonably capable of being associated with or linked to an individual. When we combine Personal Information with other information (i.e. information that does not, on its own, identify you), we treat the combined information as Personal Information.

Contact and Demographic Information – If you register for an account, submit an inquiry, or make a purchase we may collect your contact and mailing information. This may include your email name, address, and phone number. We may also collect your age to verify your ability to purchase our products.
Location Data – While navigating our Site your mobile device or browser may share your location data, both through WiFi and GPS. DYOPATH will collect this information based on the settings of your phone and browser.

Usage Information – We may also collect usage and device information when you visit our Site. This may include information about the browser, operating system, and/or device identifier for the device you are using, your ISP and IP information, your navigation activity on the Site, as well as the websites that you came from and the site you visit when you leave.

2. Method of Information Collection

We collect Personal Information in a variety of ways. We collect information directly from you; for example, when you correspond with us through the Site.

We also collect information from third parties. For example, we work with business partners, subcontractors in technical and delivery services, advertising networks, analytics providers, and search information providers.

We also collect information from you passively. Our Site uses tracking tools like cookies, pixels, and web beacons. We do this both on our Site and in emails that we send to you. Through these tools we collect information about users over time when you use our Site. This collection includes usage and browser information. We may also have third parties collect Personal Information in this way. For more information about the trackers that we use, please see Section 6 of this Policy. Additionally, if you enable location data on your device, this data will be collected passively based on the location settings on your device.

3. Combining Information

We may combine Personal Information we obtain. For example, we may combine information that we have collected online with information that we have collected offline, for instance during calls between you and our support team. We may also combine information that we have collected across other third-party sites or from other third parties with information we already have. Finally, we combine information across devices.

4. How We Use Personal Information

We will use your Personal Information to respond to your requests and inquiries, as well as to send you communications. We also use your Personal Information to communicate with you for transactional purposes. For example, we might contact you about this Policy or our services agreements with you.

We may also use your Personal Information to improve our Platform, products, and services. This may include using your information to customize your experience with us. We may also use your Personal Information for the security of the Platform and our company, our customers, and other third parties. We may also use your Personal Information to protect against fraud and other malicious activity

We may also use your information for marketing purposes. For example, we may send you information about new services we offer, and special offers. When legally permitted, this may also include using your information to serve you ads and to tell you about products or offers available through us.

Finally, we may use your Personal Information for other purposes, as permitted by law.

5. Sharing Personal Information

We may share your Personal Information in the following circumstances:

• Within DYOPATH – We may share your Personal Information within our family of companies.
• Service providers – When we hire a service provider to help operate the Site or our business, we may give access to Personal Information as necessary to perform the service for DYOPATH. This may include service providers that operate our Site, send our communications, or run our promotions.
• Business Partners – DYOPATH may share Personal Information to our trusted business partners. For example, we may share your Personal Information with a company when we co-sponsor a promotion or service. These partners may use your information to, among other things, send you information or contact you about their services and products.
• Third Parties for Marketing Purposes – We may share your Personal Information with third parties for their marketing purposes. This may include third parties whose services we believe you may be interested or who are interested in providing you with services. These third parties may share your information with others and may use this information for their own interest-based advertising.
• Legal obligation or protection from harm – When we have a good faith belief that access, use, preservation or disclosure of the Personal Information is reasonably necessary to (a) satisfy or comply with any requirement of law, regulation, legal process, or enforceable governmental request, (b) enforce or investigate a potential violation of your services agreement with us, (c) detect, prevent, or otherwise respond to fraud, security or technical concerns, (d) support auditing and compliance functions, or (e) protect the rights, property, or safety of DYOPATH, its users, or the public against harm.
• Merger or sale – If and when DYOPATH is involved in a merger, acquisition, or any form of transfer or sale of some or all of its business, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding. Personal Information may be transferred along with the business. Where legally required we will give you prior notice and if you have a legal right to do so, an opportunity to object to this transfer.
• Purposes described to you – We may share your Personal Information for other purposes, as we describe to you.

6. Cookies and Other Technologies

We and our service providers may use cookies, device identifiers, and similar technologies such as pixels, web beacons, and local storage to collect usage and browser information about how you use the Site. We process the information collected through such technologies, which may include or be combined with Personal Information, to help operate certain features of the Site, to enhance your experience through
personalization, and to help us better understand the features of the Site that you and other users are most interested in.

Most browsers provide you with the ability to block, delete, or disable cookies, and your mobile device may allow you to disable transmission of unique identifiers and location data. If you choose to reject cookies or block device identifiers, some features of the Site may not be available, or some functionality may be limited or unavailable. Please review the help pages of your browser or mobile device for assistance with changing your settings.

Some of our service providers or plug-ins may use cookies or other methods to gather information regarding your use of the Site and may combine the information in these cookies with any Personal Information about you that they may have. The use of such tracking information by a third party depends on the Privacy Policy of that third party. We do not respond to Do Not Track (“DNT”) signals sent to us by your browser at this time. To learn more about how DNT works, please visit http://allaboutdnt.com/.

We also use analytics services, including Google Analytics, to assist us with analyzing our website traffic through cookies and similar technologies. For more information on Google Analytics’ processing of your  Personal Information, please see https://policies.google.com/technologies/partner-sites?hl=en-US. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.

7. Your Choices

You have certain choices about how we use your Personal Information. You can opt out-out of certain marketing. To opt-out of marketing communications, please email us at solutions@dyopath.com or marketing@dyopath.com or by following the instructions included in the email or text correspondence. Please note that, even if you unsubscribe from certain correspondences, we may still need to contact you with important transactional or administrative information, as permitted by law.

8. Children Under the Age of 18

The Site is meant for adults and we will not knowingly collect personally identifiable information from any person under the age of 18 without permission from a parent or guardian. The Site are not designed to attract the attention of persons under the age of 18. If you are a parent or legal guardian and think your child has given us information you can email us at solutions@dyopath.com. You can also write to us at the address listed in the “Contact Us” section of this Policy. Please mark your inquiries “COPPA Inquiry.”

9. California Privacy Rights

Pursuant to the California Consumer Privacy Act of 2018 (“CCPA”), California residents have certain other rights concerning their Personal Information. This section describes (1) the categories of Personal Information, collected and disclosed by DYOPATH, subject to California privacy law, (2) your privacy rights under California privacy law, and (3) how to exercise your rights.

When we use the term “Personal Information” in this section, we mean information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. Certain Personal Information we may collect may not be subject to CCPA. In such event, we may collect, use or disclose such Personal Information in accordance with this Policy and applicable law.

a. Personal Information we Collect.

If you are a California consumer, please be aware that we collect, process, and maintain Personal Information to fulfill certain business purposes related to our Site. We will not collect additional categories of Personal Information or use Personal Information collected for additional purposes without providing you notice. Within the preceding twelve (12) months we and our service providers have collected, and we may continue to collect, the categories of Personal Information set forth below. We disclose each of these categories of Personal Information to our service providers for our business purposes (to enable the service providers to provide their services) and as otherwise described in the “How We Disclose Personal Information” section above.

• Identifiers (for example, name, postal address, date of birth, email address, IP address, and online identifiers);
• Categories of Personal Information as defined by Cal. Civ. Code § 1798.80 (for example, name, signature, Taxpayer Identification Number, telephone number, passport number, driver’s license number, insurance policy number, account numbers);
• Commercial information (for example, transaction history);
• Internet or other electronic network activity information, including information on your usage of our Sites;
• Geolocation data;
• Sensory data (for example, audio from call recordings); and
• Inferences drawn from any information identified above to create a profile

b. Your Privacy Rights.

If you are a resident of California, you may have the following rights:

Privacy Right	Description
Notice	You have the right to be notified of what categories of Personal Information will be collected at or before the point of collection and the purposes for which they will be used and shared.
Access	You have the right to request the categories of Personal Information that we collected in the previous twelve (12) months, the categories of sources from which the Personal Information was collected, the specific pieces of Personal Information we have collected about you, and the business purposes for which such Personal Information is collected and shared. You also have the right to request the categories of Personal Information which were disclosed for business purposes, and the categories of third parties in the twelve (12) months preceding your request for your Personal Information.
Data Portability	You have the right to receive the Personal Information you have previously provided to us.
Erasure	You can request to have your Personal Information deleted from our servers and we will direct our service providers to do the same. However, please be aware that we may not fulfill your request for deletion if we (or our service provider(s)) are required to retain your Personal Information for one or more of the following categories of purposes: (1) to complete a transaction for which the Personal Information was collected, provide a good or service requested by you, or complete a contract between us and you; (2) to ensure our website integrity, security, and functionality; (3) to comply with applicable law or a legal obligation, or exercise rights under the law (including free speech rights); (4) to otherwise use your Personal Information, internally, in a lawful manner that is compatible with the context in which you provided the information.
To Opt Out	You can request to opt out of our sale of your information Personal Information.

 

c. How to Exercise Your Rights.

If you would like to exercise your rights listed above, please send (or have your authorized agent send) an email to solutions@dyopath.com or call us toll-free at: 866-609-7284. You will not be discriminated against in any way by virtue of your exercise of the rights listed below, which means we will not deny goods or services to you, provide a different prices or rates for goods or services to you, or provide a different level or quality of goods or services to you.

We must verify your identity before fulfilling your requests. If we cannot initially verify your identity, we may request additional information to complete the verification process. Any Personal Information you disclose to us for purposes of verifying your identity will solely be used for the purpose of verification.

We may deny certain requests, or only fulfill some in part, as permitted or required by law. For example, if you request to delete Personal Information, we may retain Personal Information that we need to retain for legal purposes (e.g., tax accounting). You have a right not to receive discriminatory treatment by any business when you exercise your California privacy rights.

The CCPA gives California Consumers the right to lodge a complaint with the California Attorney General’s office. The Attorney General’s office may be contacted at https://oag.ca.gov/contact/consumer-complaint-against-business-or-company or by telephone at: (916) 210-6276.

10. Information for Individuals in the EU

In accordance with EU and UK Law (collectively, the “GDPR”), individuals in the EU and UK may have additional rights relating to the collection and processing of Personal Information.

a. Basis for Processing

Our legal basis for collecting and using the Personal Information described in this Policy will depend on the Personal Information concerned and the context in which we collect it. We collect Personal Information from you:

• where we need it to perform a contract with you;
• where the processing is in our legitimate interests (including the purposes described, above, in How We Use Personal Information);
• where the processing is necessary for us to meet our applicable legal obligations; or
• if we otherwise have your consent.

b. Your Privacy Rights

Depending on applicable law, you may have the right to:

• Request access to Personal Information about you.
• Request correction of the Personal Information that we hold about you.
• Request erasure of Personal Information about you. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
• Object to processing of Personal Information about you where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms.
• Request restriction of processing of Personal Information about you. You can ask us to suspend the processing of Personal Information in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
• Request the transfer of Personal Information to you or to a third party.
• Withdraw consent at any time where we are relying on consent to process Personal Information about you.

If you wish to exercise any of these applicable rights, please contact us at solutions@dyopath.com. Depending on the nature of your request, we may need to verify your identity.

Depending on where you live, you may have a right to lodge a complaint with a supervisory authority or other regulatory agency if you believe that we have violated any of the rights concerning Personal Information. We encourage you to first reach out to us at solutions@dyopath.com, so we have an opportunity to address your concerns directly before you do so.

11. Information for Individuals in Mexico.

To the extent Mexican privacy laws or regulations apply, the following additional Mexico-specific provisions apply and shall prevail over conflicting provisions in the Privacy Notice.

A. How We Use the Information We Obtain

We may use your Personal Information for the purposes listed in the “How We Use Personal Information” section of this Privacy Notice, some of which purposes may be considered secondary purposes under Mexican law.

We do not use or share personal payment or financial information except in connection with the processing of payments or where there is another legal basis.

You may withdraw your consent to our processing of your Personal Information by contacting us as indicated in the ” Contact Us” section of this Policy. If you withdraw your consent for us to process your Personal Information for one of the primary purposes indicated above, then in some situations we may not be able to provide the service, though we may still engage in certain processing authorized by law.

B. Information We Share

We may share your Personal Information as provided in Policy, but, to the extent permitted by law, you may withdraw your consent to this sharing by contacting us as indicated in the “Contact Us” section of the Policy.

C. Requests for Access, Correction, Cancellation, Objection or Consent Withdrawal

In addition to any rights granted in this Policy, you may ask us to delete your Personal Information to the extent permitted by law by contacting us as indicated in the “Contact Us” section of the Policy. Following a valid cancellation request, we may hold your Personal Information for the duration and purposes permitted by law before deleting it.

We will answer your requests to access, correct or delete your Personal Information or to object or withdraw your consent to our processing of your Personal Information within twenty (20) business days from the date we receive your complete request or as provided by law. To be considered complete, your request must include your full name and contact address, a copy of your ID and a clear and detailed description of your request.

12. Storage, Security and Retention of Information

DYOPATH has taken reasonable steps to protect the information users share with us, including, but not limited to, setup of processes, equipment and software to avoid unauthorized access or disclosure of this information. No transmission of information via the Internet can be entirely secure, however, so please always use caution when submitting Personal Information. We will retain your Personal Information in compliance with the uses described in this Policy, as well as to comply with our legal, financial reporting, or compliance obligations.

We store information both inside and outside of the United States. If you live outside of the United States, be advised that we may transfer and store your information to the United States. US law may not provide the same protections as the laws in your country. By providing us with your Personal Information you agree to the processing of it in the United States as permitted by US law. Information transferred from the EU will be subject to the appropriate safeguards pursuant to GDPR and other applicable law.

13. Links to Third Parties and their Sites

Our Site may include third party content and links to third party websites and services that collect Personal Information. We do not control these third parties and this Policy does not apply to their privacy practices. We are not responsible for the practices of these third parties or how they use information you provide to them. Please read the third parties’ privacy policies carefully.

14. Contacting DYOPATH

If you have any questions about this Policy, or the privacy practices of DYOPATH, please email us at contractsdl@dyopath.com or write to us at:
13430 Northwest Fwy, Ste. 1000
Houston, TX 77040

15. Updates

Please note that this Policy may be amended from time to time. Unless otherwise indicated, any changes to this Policy will apply immediately upon posting to the Site so please check our site periodically for updates. You can see when this Policy was last updated by reviewing the “Last Updated” legend at the top of this page. We will provide notice of material changes by updating the Policy here, and communicating with you in the manner and format in which we typically communicate with you in our regular course of business, as required by applicable law.